Alan J. Smith, Chair of the High Court Enforcement Officers Association (HCEOA), says that tapping into the knowledge bank and experience of the Association’s members can deliver better outcomes for government and regulators as they look to shape the future of the enforcement profession.
Last month, the HCEOA responded to the Enforcement Conduct Board’s consultation on its 2025-26 Business Plan. We didn’t agree with absolutely every detail the ECB is proposing, but we’re supportive of the overall direction the organisation is taking.
What’s really important, however, is the fact that the consultation took place in the first place. The ECB has consulted on its draft business plan every year since its formation. It does so in a transparent, genuine and straightforward fashion. Our experience is that (on this and its other consultations so far) the ECB also listens to feedback and welcomes detailed observations that will help it achieve its objectives.
This in turn, gives the signal to consultees like the Association that it is worth investing the time and energy to respond in detail as it is a genuine opportunity to provide guidance for the ECB’s next steps. The same cannot always be said for every consultation I have been involved in responding to over the years, but things seem to be moving forward in a positive manner.
In the past two years, we’ve responded to consultations from the Ministry of Justice, the ECB and the Civil Justice Council. There are a number of threads that link all of them, but two stand out.
- A shared focus on delivering better outcomes for everyone involved in enforcement – debtors, creditors and the enforcement sector – is something we characterise as a ‘fair and effective’ enforcement service.
- The devil is in the detail – and by that, I don’t mean that these organisations are trying to sneak changes through in a consultation!
There is a high degree of consensus amongst lots of the stakeholders that I speak to and engage with – including many in the debt advice sector as well as in Government – on common objectives, e.g.
- Increasing settlements at the compliance stage,
- Ensuring compliance with National Standards,
- Ensuring vulnerable debtors are identified and treated appropriately, and
- The need to improve the information and guidance that debtors currently receive. (This information is mainly communicated through the Notice of Enforcement, which is a prescribed document that our members must use).
It’s when it comes to detailing changes and laying out the specific proposals and wording that the challenges come in. The phrase “unintended consequences” can very quickly become very relevant.
From a High Court perspective, it is inevitably those of us involved in enforcing Writs of Control who have the most knowledge of the nuances of the law and the current system. That means we are well placed to identify problems with proposed solutions and suggest alternatives that achieve the agreed objectives without adding unnecessary extra costs – which will ultimately have to be funded by debtors or the taxpayer – and that are deliverable without running into operational roadblocks or legal minefields.
Our members are happy to share this expertise – for many of us it is decades in the making. But it makes such a difference when you feel that you are being listened to and appreciated by decision-makers.
At the time of writing, we are still awaiting news from the new Government on increasing enforcement fees. These have now been frozen for 11 years and devalued in real terms by about 25%.
In 2023, Government also consulted on a wide range of reforms it was considering introducing across the enforcement sector. We, along with many others, responded in detail to this range of proposals, and it’s fair to say that the sector is waiting for the detailed outcomes and next steps with great interest.
Nearly all of the principles and objectives behind that consultation were ones that would attract widespread support, but reforms have to be deliverable and have to be affordable.
With regards to the ECB, a key focus for it this year is the development of new standards around ‘vulnerability’ and ‘ability to pay’. It’s no small task, and the ECB has promised to consult widely.
We’re looking forward to playing our part in a constructive and interesting discussion that can deliver better outcomes for all.
